(영문) 서울고등법원 2015.04.01 2013나2000377

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(영문) 서울고등법원 2015.04.01 2013나2000377

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

Plaintiff

C, D, E, F, and J shall all dismiss the proceedings.

(b).

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance (excluding the part concerning the conclusion) is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for dismissal, addition, or deletion as follows.

From January 3, 200 to April 2006, the first instance court's judgment "At the bottom of the first instance court's judgment," "at the bottom of the same side to "Plaintiffs (excluding Plaintiff J)", "at the end of the fourth 3-4th 4th 1st 201da82438 at the present Supreme Court," respectively, "The first instance case is pending in the final appeal at the present Supreme Court No. 2011Da82438 (Counterclaim No. 2011Da82445, 201Da82452)." However, on April 10, 201, the second appeal was dismissed or dismissed in its entirety."

Part 4 12: (a) add the following paragraphs to paragraph 13, (b) of the same paragraph, (c) from 8 pages to 4 paragraphs, and (d) from 9 pages to 3 paragraphs, respectively:

A. The Defendants asserted that all of the plaintiffs' lawsuits filed against the plaintiff C, D, E, F, and J, are unlawful, since they agreed to a suit against the plaintiff C, E, F, and J.

Comprehensively taking account of the overall purport of the arguments in the evidence evidence Nos. 24 through 27, 29, and 30, the above plaintiffs agreed from April 15, 2010 to July 22, 2010, which was after the judgment of the Seoul Eastern District Court 2009Gahap1342 decided ( February 17, 2010), to pay damages equivalent to 3% of the sales price, or to pay damages from the defendants for the damages corresponding to 3% of the sales price in accordance with the purport of the judgment from April 15, 2010 to July 22, 2010, to set off the damage claim and the remainder of the sale price in the defendant Yangyang market, the above plaintiffs agreed not to file any civil or criminal lawsuit in connection with the relevant sales contract with the defendants.

The above plaintiffs shall not file a lawsuit even if their damages are increased in the appellate court of the relevant case.

참조조문

-민사소송법 제420조

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